MIL collections wrongly trying to collect debt

Fdbjg123

Timeline of events: 

-Listed my house with Shipways Spring 2023. They didn’t do a good job so ceased to use them. Went with another agent with their ok to do so. They emailed over a list of people they had introduced to our house. Sent this to my new estate agent. 
-House sold with new estate agent autumn 2023. 

-Last week received an email from MIL collections stating I owe ‘Connells’ (I’m guessing shipways is part of their company?) £4000 as the person who bought my house was supposedly introduced by them. 

-Looked at the list and this is not true. However one of the viewers had a VERY similar name to my buyer (e.g. my buyer was called Hannah Barker and one of the viewers was called Anna Barker). Nonetheless these are two completely different women. 

I’ve responded saying I don’t owe a penny and why. Provided evidence of the list Shipways sent me and the name of my actual seller. My question is how likely is it this will go to court? I genuinely haven’t done anything wrong and really can’t be doing with court fees. 

pjs493

It could be a genuine mistake and they might drop the matter. But if they don't you're in a strong position as you can prove that the buyer and the previous viewer were completely different people. I'm no expert but I can't see their legal team risking taking it to court once they satisfy themselves that they are two different people. If they do, once again you can easily demonstrate they are two different people so your case would be strong and highly likely to succeed.

loubel

Agreed, if you are certain that they aren't the same person then you can easily defend any court action. It would seem unlikely to will go that far though.

Bookworm105

we can't tell you how Connells will react to your info

if they are different persons then there is no case, will Connells believe that from what you have given them?

RHemmings

If they don't reply to solve the problem, then if I was in the OP's shoes I would next  go through the EA's complaints procedure with a requested outcome that the problem is fully sorted out and that written confirmation is given that there is no debt and no further attempts will be made to collect. 

I'd also ask the buyer if they could provide a letter confirming that they are not the person named, and were not introduced to the property by Shipways. To be included with the complaint. 

If there isn't a suitable response, then go through the Property Ombudsman (or ... depending on which scheme they are registered with.)

I wouldn't just leave it, as collection agencies can be extremely annoying. 

theartfullodger

Take court  action for harassment.   A criminal offence.

pinkshoes

If you are 100% sure that these are two completely different people, then I'd write a letter of complaint to Shipways saying just that.

Have you had verification from the buyer themselves that they did NOT view with Shipways? (e.g. it might have been a typo in the list and should have said Hannah not Anna?

Fdbjg123

pinkshoes said:

If you are 100% sure that these are two completely different people, then I'd write a letter of complaint to Shipways saying just that.

Have you had verification from the buyer themselves that they did NOT view with Shipways? (e.g. it might have been a typo in the list and should have said Hannah not Anna?

100% sure. Anna was a first time buyer who visited with her partner ‘Luka’. She offered on the property but we did not go for their offer. The woman who ended up buying my house, Hannah, was in a chain after selling her own house and was a single mother. Completely different people. They didn’t make a typo as on the list they wrote ‘Miss A Barker’ twice and referenced her as ‘Anna’ once as well. I’ve emailed a complaint to shipways as well but no response from either parties so far 

Fdbjg123

Blacked out her real surname. However as you can see they in fact called her Anna twice and Miss A ‘Barker’ twice. Definitely no typo and I’d say this is pretty damning. I’m still stressed though. 

pinkshoes

Fdbjg123 said:

Blacked out her real surname. However as you can see they in fact called her Anna twice and Miss A ‘Barker’ twice. Definitely no typo and I’d say this is pretty damning. I’m still stressed though. 

You have nothing to be stressed about. They have no case as its a totally different person.

I very much doubt they'd be dumb enough to take it to court!

eddddy

Connells are members of the Property Ombudsman Scheme.

So one approach is to make a complaint to Connells, and if they don't resolve the matter, make a complaint to the Property Ombudsman.  (Assuming the Ombudsman agrees with you, the Ombudsman can tell Connells to cancel the bill.)

See: https://www.tpos.co.uk/consumers/how-to-make-a-complaint


There's no charge for making a complaint to the Ombudsman, plus the process is a bit more 'consumer friendly' than a court, and the Ombudsman tends to side more with a consumer than a court would.

But if you want to go down that route, maybe you need to act quickly, before Connells starts a court claim against you. Once court action is started, the Ombudsman won't consider a complaint.